FootBallFan68
Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
Since my last post, I was arrested, and charged with Obstruction. Officers executed a search of my house and re-seized my laptop, servers ect. They were not able to break the encryption of my hard drives (again) and the prosecutor made a motion to compel me to give up my passwords. The judge denied it based on a Federal case where the Court ruled that passwords are protected under the 5th amendment.
My lawyer suggested I go right at them and get a fast trial and get the police to admit in OPEN COURT they placed a keylogger inside my server without a warrant. I then went to a two day trial, and was found not guilty on three counts (Obstruction, Tampering/Destruction of Evidence, and Unlawful Use of a Computer).
However, during the search of my house, the Police discovered a Visa prepaid debit card that had about $2000 on it. I use it to travel so I don't have to carry cash or true credit/debit cards. The warrant was ONLY for my computers, and the card was in an office organizer drawer the Police rifled through. The Police said that they could seize it and keep it with civil forfeiture, and did take it.
After they left, I called my bank and reported the card "stolen". The $2000 was transferred back into my bank account immediately, and I used the money to pay utility bills ect.
I guess the Police now have just got around to processing the card, and have discovered that it is empty, and I took the money back that same day. I received a summons to appear in court for a civil forfeiture hearing.
My question is, when they seize the card, do they also seize the funds associated with it, or just the card itself? And since I was found not guilty, the Police have no claim to the money, correct?
And then Police will NOT return my computers, even after the judge ordered them returned at the end of my trial. How do I compel the Police to give them back? I talked to a Lieutenant at the department and he told me they didn't have to give them back, and the judge didn't have the power to return them to me.
Since my last post, I was arrested, and charged with Obstruction. Officers executed a search of my house and re-seized my laptop, servers ect. They were not able to break the encryption of my hard drives (again) and the prosecutor made a motion to compel me to give up my passwords. The judge denied it based on a Federal case where the Court ruled that passwords are protected under the 5th amendment.
My lawyer suggested I go right at them and get a fast trial and get the police to admit in OPEN COURT they placed a keylogger inside my server without a warrant. I then went to a two day trial, and was found not guilty on three counts (Obstruction, Tampering/Destruction of Evidence, and Unlawful Use of a Computer).
However, during the search of my house, the Police discovered a Visa prepaid debit card that had about $2000 on it. I use it to travel so I don't have to carry cash or true credit/debit cards. The warrant was ONLY for my computers, and the card was in an office organizer drawer the Police rifled through. The Police said that they could seize it and keep it with civil forfeiture, and did take it.
After they left, I called my bank and reported the card "stolen". The $2000 was transferred back into my bank account immediately, and I used the money to pay utility bills ect.
I guess the Police now have just got around to processing the card, and have discovered that it is empty, and I took the money back that same day. I received a summons to appear in court for a civil forfeiture hearing.
My question is, when they seize the card, do they also seize the funds associated with it, or just the card itself? And since I was found not guilty, the Police have no claim to the money, correct?
And then Police will NOT return my computers, even after the judge ordered them returned at the end of my trial. How do I compel the Police to give them back? I talked to a Lieutenant at the department and he told me they didn't have to give them back, and the judge didn't have the power to return them to me.